State v. Rohit
Case brief
What is this about?
The State appealed against the acquittal of a rape and kidnapping charge. The High Court upheld the acquittal, holding that the prosecution failed to prove the victim was a minor due to contradictory age records and that the victim's testimony was inconsistent and uncredible. The benefit of doubt was given to the accused.
What did the court decide?
Appeal dismissed; acquittal of the respondent stands confirmed.
What the court decided
- IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment reserved on : 30.01.2024 Judgment delivered on: 14.03.2024 + CRL.A. 542/2023 STATE ..... Appellant VERSUS
ROHIT ..... Respondent
Advocates who appeared in this case:
For the petitioner: Mr. Tarang Srivastava, APP for State. SI Rashmi Insp.Parmod Kumar
For the Respondents: Mr. N.K. Sharma and Mr. Rakesh Sharma, Advocates.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
MANOJ JAIN, J
- State has taken exception to order dated 03.12.2020 whereby accused (respondent herein) has been acquitted of charges under Section 363/366/376(2)(i) IPC and Section 4 of Protection of Children from Sexual Offences Act (POCSO Act).
Issues for consideration
3 issues framed by the court
Whether the prosecution successfully proved the victim was a minor at the time of the alleged offence given inconsistencies in age records.
Whether the Trial Court was justified in acquitting the accused due to material inconsistencies and lack of credibility in the prosecutrix's testimony regarding the incident.
Whether the DNA report and other evidence were sufficient to sustain the prosecution's case ofSection 376 and 366 offences.
Parties & counsel
- appellant
State
- respondent
Rohit
Coram
Manoj Jain
Case details
As recorded by the court registry
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